Thirumalai vs Prem Soukan
2021 Latest Caselaw 11610 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 14.06.2021

                                                         Coram

                                      The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                               C.R.P. (PD) No.1083 of 2021
                                                           and
                                                 C.M.P.No.8502 of 2021


                     1.Thirumalai
                     2.Thenmalai
                     3.Sankari
                                                                ..Petitioners/Petitioners/Defendants

                                                           Vs

                     Prem Soukan                                 ..Respondent/Respondent/Plaintiff

                               Civil Revision Petition filed under Article 227 of the Constitution
                     of India to set aside the fair and decreetal order dated 08.04.2021 made in
                     I.A.No.83 of 2021 in O.S.No.24 of 2014 on the file of the Additional
                     District Court, Tiruvannamalai.


                                      For Petitioner            ..    Mr.K.Narayanan

                                      For Respondent            ..    No appearance




https://www.mhc.tn.gov.in/judis/
                                                              2

                                                          ORDER

The defendants in O.S.No.24 of 2014 now pending on the file of

the learned Additional District Judge, Tiruvannamalai, are the revision

petitioners herein. They had filed I.A.No.83 of 2021 while the trial was

pending under Order XII Rule 8 of Civil Procedure Code read with 151

Civil Procedure Code, seeking production of a document namely, income

tax return of the respondent / plaintiff for the assessment year of 2012 –

2013. The suit had been filed for specific performance and it is claimed

that the said suit is based on a document which cannot be termed as a

genuine document. The nature of the document is an issue that has to be

decided during the course of trial by the Trial Judge.

2.The present petitioners had filed I.A.No.83 of 2021 seeking a

direction against the respondent / plaintiff to produce the income tax

return for the assessment year 2012 – 2013. It had been stated that

instead of producing the said income tax return, the respondent / plaintiff

produced a certificate from a Chartered Accountant with respect to the

assessment year 2014 – 2015 which is not actually the relevant

assessment year.

https://www.mhc.tn.gov.in/judis/

3.Be that as it may, if the said document which is now sought to be

produced is deemed to be relevant and is not produced by the respondent

/ plaintiff, though it is claimed that it is is in their possession, then the

learned Additional District Judge, Tiruvannamalai, in the course of the

judgment may if there is necessary evidence regarding the same, draw

necessary adverse inference as stated under Section 114(g) of the Indian

Evidence Act. It is the contention of the learned counsel for the petitioner

that the respondent / plaintiff is in possession of the said document and

has deliberately not produced the same. Let the learned Additional

District Judge, Tiruvannamalai, analyze the evidence on this particular

aspect and thereafter, if circumstances warrant, and evidence is available,

draw necessary inference during the course of deciding the main issues in

the case.

4.With the said observations, the Civil Revision Petition is

disposed of. No costs. Let the parties go back and continue with the trial

process. Consequently, the connected Civil Miscellaneous Petition is

closed.

14.06.2021 Internet:Yes/No Index:Yes/No smv https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN,J.

smv

To The Additional District Court, Tiruvannamalai.

C.R.P. (PD) No.1083 of 2021 and C.M.P.No.8502 of 2021

14.06.2021

https://www.mhc.tn.gov.in/judis/